STATE OF ALABAMA

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Braxton L. Kittrell, Jr., Esq., ChairJosephine M. Venable, Vice-ChairAnthony HumphriesMichael K. K. Choy, Esq.Rebekah Elgin-Council

James L. Sumner, Jr.Director

TELEPHONE (334) 242-2997

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WEB SITE: www:ethics.alabama.gov

April 6, 2011

ADVISORY OPINION NO. 2011-04

The Honorable Vivian Davis FiguresState Senator, 33rdDistrict11 South Union Street, Suite 736Montgomery, Alabama 36130-4600

Members Of The Alabama LegislatureReceiving Invitation To Travel To TurkeyFor Cultural And Educational Excursions

Members of the Alabama Legislature mayaccept a paid invitation to travel to Turkeyfor cultural and educational excursions thatpromote dialogue between Turkey and theUnited States, as the event would be both aneducational function and a widely attendedevent, as defined by the Alabama EthicsLaw,

Dear Senator Figures:

The Alabama Ethics Commission is in receipt of your request for an Advisory Opinion ofthis Commission, and this opinion is issued pursuant to that request.

QUESTION PRESENTED

May members of the Alabama Legislature accept an all expense paid trip to Turkeyoffered by the Peace Valley Foundation and the Istanbul Center to travel to Turkey for culturaland educational excursions that would promote dialogue between Turkey and the United States?

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The Honorable Vivian Davis FiguresAdvisory Opinion No. 2011-04Page two

FACTS AND ANALYSIS

The facts as have been presented to this Commission are as follows:

The Honorable Vivian Davis Figures is a member of the Alabama State Senate. She, aswell as other individuals, has been invited by the Peace Valley Foundation and the IstanbulCenter to participate in a trip to Turkey for the purpose of promoting dialogue througheducational, cultural and humanitarian works between Turkey and the United States.

Both the Peace Valley Foundation and the Istanbul Center are 501(c)(3) non-profit, non-partisan and non-governmental organizations. Their purpose is to promote dialogu~ througheducation, culture and humanitarian works. Their main purpose is to forge and strengthen bondsof lasting friendship between Turks and Americans by identifying what it is we have in common.

Every year these groups identify distinguished leaders in areas including academia,business, government and the non-profit sector to travel with them to Turkey during the monthsof May through July for the above-mentioned purposes.

The Peace Valley Foundation and the Istanbul Center invite a variety of individuals totravel to Turkey by invitation only for ten day trips each summer. Their groups are composed ofsix to 15 people in order for guests to achieve a sincere and personal experience of the cultureand people of Turkey. A cross-section of a typical group could include a mixture of people fromacademia, civic organizations, government, journalism, artistry and more.

During their time in Turkey, the individuals attending will experience the culture ofTurkey and will interact with several of history's major civilizations. They will meet people ofone of the most unique countries in the world today. Each group's make-up will determine itsspecific program in Turkey. For example, a group of professors and university administratorswould visit their counterparts at Turkish universities, whereas a group of politicians would meetTurkish Mayors, Parliamentarians and local leaders, etc. The goals with these trips are to:

1) promote mutual understanding between American participants and Turkishsociety through dialogue;

2) introduce and provide broad exposure to and education of Turkish cultural,economic, and social issues; and,

3) allow participants to gain an understanding of topics, including but not limited to,national security, foreign policy, trade, health, economic development & finance,the media, government affairs, religious diversity, minority rights, and any otherachievements of contemporary Turkish civil society.

The Honorable Vivian Davis FiguresAdvisory Opinion No. 2011-04Page three

The guests of the Peace Valley Foundation and the Istanbul Center will receive paymentof their food, accommodation and transportation. Guests are responsible for their visa, travelinsurance, personal spending money and all personal items.

The trips are offered seven times each year; this year between May 12,2011 and July 14,2011.

After receiving the invitation, Senator Figures contacted the Ethics Commissionregarding the possibility of her accepting this trip.

There are several definitions which come into play with this request.

"Section 36-25-1(26) Public official. Any person elected to public office,whether or not that person has taken office, by the vote of the people at state,county, or municipal level of government or their instrumentalities, includinggovernmental corporations, and any person appointed to a position at the state,county, or municipal level of government or their instrumentalities, includinggovernmental corporations. For purposes of this chapter, a public official includes thechairs and vice-chairs or the equivalent offices of each state political party as defined inSection 17-16-2."

"Section 36-25-1(12) Educational Function. A meeting, event, or activity held withinthe State of Alabama, or if the function is predominantly attended by participants fromother states, held within the continental United States, which is organized around aformal program or agenda of educational or informational speeches, debates, paneldiscussions, or other presentations concerning matters within the scope of theparticipants' official duties or other matters of public policy, (including social servicesand community development policies) economic development or trade, ethics,government services or programs, or government operations, and which, taking intoaccount the totality of the program or agenda, could not reasonably be perceived as asubterfuge for a purely social, recreational, or entertainment function."

"Section 36-25-1(35) Widely Attended Event. A gathering, dinner, reception, or otherevent of mutual interest to a number of parties at which it is reasonably expected thatmore than 12 individuals will attend and that individuals with a diversity of views orinterest will be present."

"Section 36-25-1(11) Economic Development Function. Any function reasonably anddirectly related to the advancement of a specific, good-faith economic development ortrade promotion project or objective."

The Honorable Vivian Davis FiguresAdvisory Opinion No. 2011-04Page four

The definitions of an educational function, as well as a widely attended event, have aneffective date of March 20,2011 and, therefore, are applicable to this scenario.

Section 36-25-1(33)(b)(12) states as follows:

"b. The term, thing of value, does not include any of the following, provided that noparticular course of action is required as a condition to the receipt thereof:

12. Payment of or reimbursement for actual and necessary transportation and lodgingexpenses, as well as waiver of registration fees and similar costs, to facilitate theattendance of a public official or public employee, and the spouse of the public official orpublic employee, at an educational function or widely attended event of which the personis a primary sponsor. This exclusion applies only if the public official or publicemployee meaningfully participates in the event as a speaker or a panel participant, bypresenting information related to his or her agency or matters pending before his or heragency, or by performing a ceremonial function appropriate to his or her official position;or if the public official's or public employee's attendance at the event is appropriate tothe performance of his or her official duties or representative function."

It is permissible under the revised Ethics Law to have actual and necessary transportationand lodging expenses, as well as similar costs, paid for, for a public official or public employeeattending an educational function or a widely attended event.

While a purely educational function is limited to the State of Alabama, and to thecontinental United States if the participants are predominately from areas other than Alabama, awidely attended event has no limitations as to locale.

Based on the above, it is permissible for Lesislators to take advantage of this opportunityunder the definition of a widely attended event.

While each group will consist of somewhere between six and 15 people for each of theseven sessions, it is reasonable to expect that more than 12 individuals will attend one of theseven sessions held annually, and that there will be a diversity of views and interests among theparticipants.

In addition, it is possible this function could be used as an economic developmentopportunity. Under an economic development function, the following sections are applicable:

The Honorable Vivian Davis FiguresAdvisory Opinion No. 2011-04Page five

Sections 36-25-1(33)(b)(13) & (14) state:

"b. The term, thing of value, does not include any of the following, provided that noparticular course of action is required as a condition to the receipt thereof:

13. Payment of or reimbursement for actual and necessary transportation and lodgingexpenses to facilitate a public official's or public employee's participation in aneconomic development function.

14. Hospitality, meals, and other food and beverages provided to a public official orpublic employee, and the spouse of the public official or public employee, as an integralpart of an educational function, economic development function, work session, or widelyattended event, such as a luncheon, banquet, or reception hosted by a civic club, chamberof commerce, charitable or educational organization, or trade or professionalassociation."

Based on the facts as provided and the above law, it is permissible for members of theAlabama Legislature to participate in a trip to Turkey under the facts as set out in the invitationand under the definitions of a widely attended event and an educational function.

CONCLUSION

Members of the Alabama Legislature may accept a paid invitation to travel to Turkey forcultural and educational excursions that promote dialogue between Turkey and the United States,as the event would be both an educational function and a widely attended event, as defined bythe Alabama Ethics Law.

AUTHORITY

By 4-0 vote of the Alabama Ethics Commission on April 6, 2011.

Alabama Ethics Commission